For the purpose of §§ 150.01 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. Any act or process that changes 1 or more of the exterior features of a structure through the erection, construction, reconstruction, paint, or painting a part thereof.
BUILDING. Any BUILDING, site, structure, or property used for commercial purposes within the designated area as set forth in §§ 150.01 et seq.
CITY. The City of Raton, New Mexico.
CITY COMMISSION. The governing body of the City of Raton, New Mexico.
CITY MANAGER. The City Manager of Raton, New Mexico.
DISTRICT. The commercial area bounded by Savage Avenue South to Grant Avenue; limited to those structures used for commercial purposes with a front or side abutting Second Street. Residents granted a valid home occupation permit shall not be considered “commercial purposes” under §§ 150.01 et seq.
(Am. Ord. 913, passed 11-13-2001)
GENDER. Words importing the masculine GENDER shall include the feminine and neuter.
OWNER OF RECORD. The person, corporation, or other legal entity listed as owner on the records of the County of Colfax Recorder of Deeds.
PROPERTY ENHANCEMENT, PRESERVATION, OR BEAUTIFICATION DIRECTOR. The City Manager or his or her designee.
REPAIR.
(1) An applied coating of paint or stain to the exterior of a structure, or upkeep of any stucco, sheetrock, wood exterior, stone, rock, or other exterior covering of a building, site, property, or structure; and/or
(2) Any change that is not construction, removal, or alteration.
SHALL. Is mandatory and MAY is permissive.
STRUCTURE, SITE, BUILDING, PROPERTY, or INCIDENTAL APPURTENANCES. Anything already constructed, to be constructed or erected, in the designated area in §§ 150.01 et seq., the use of which requires permanent or temporary location on or in the ground, including, without limiting the generality of the foregoing, buildings, fences, gazebos, signs, radio and television antennas, including supporting towers, and any other STRUCTURE or BUILDING or activity that would normally be allowed in a C-1, C-2, or C-3 District.
URBAN NUISANCE.
(1) Any structure, property, building, site, or incidental appurtenance which is not properly maintained.
(a) Generally, the appearance and condition of the building or structure shall be maintained to present a safe and attractive streetscape to passersby.
(b) A maximum of 10% of exterior facade may exhibit peeling paint, damaged stucco, or other deteriorated exterior visible surfaces.
(c) In the case of boarded up windows and/or doors, in all cases the plywood or other covering shall be cut to precisely fit inside the entire window frame and not merely tacked over the approximate location of the wall opening. The covering shall be painted a dark ashen grey or black to simulate a typical exterior window color or by some other color in keeping with the building facade. These standards shall apply to the front and in the case of corner structures, the side facing the avenue also. Alley exposures shall be exempt. The remainder of the building surface shall present a neat, attractive, well maintained appearance, and present a base color and complimentary trim color in addition to the color of the window-covering(s).
(d) The roof shall be maintained so that roof leaks do not threaten interior electrical components, interior contents, or create damp interior conditions as to promote mold, mildew, nor threaten adjacent structures, to include the host structure itself.
(e) A building, property, site, structure, or incidental appurtenance that because of its state of disrepair is such that could reasonably cause injury, damage, harm, or inconvenience to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities, tastes, and habits living in the community.
(f) Any and all repairs required under §§ 150.01 et seq. shall be specifically limited to those required specifications set forth in this definition.
(2) Any structure, property, building, site, or incidental appurtenance to exist, which, because of the condition of the exterior, invites vandalism, graffiti, damage to the building, unlawful entry by persons not otherwise authorized to be present in the area, affects the overall structural maintenance of the structure, property, building, and site, in a manner as to allow rodents or other vermin to infest the area, or which in any manner affects the public’s health or safety, in general, or as regards the immediate property owner or adjoining property owners.
(Ord. 910, passed 7-24-2001) Penalty, see § 150.99